Animals On Country Roads With most of NSW affected by drought and bushfires, increased numbers of wildlife and livestock on the roads pose an added risk to motorists.

The severe shortage of feed has forced farmers to graze stock on the roadsides, while cattle that have escaped in search of feed can be more unpredictable and present a serious road safety danger.

Wildlife, especially kangaroos and wallabies, are also drawn to the roadside, attracted by the feed watered by run-off from the roads.

Temporary warning signs in areas where cattle graze and also in native animal hotspots urge motorists to slow down and watch for animals on the roads.

Safe driving tips

One in every 41 casualty crashes on country roads involves a vehicle hitting an animal. Kangaroos, wombats and stray stock can move fast and be extremely unpredictable. When animals stray onto the road it’s hard to know what they’ll do next. Slowing down and being prepared, especially near sunrise and sunset, could save a collision or even save your life.

• Be aware – animals are more active near waterholes and creeks, and harder to see at sunrise and sunset
• Reduce your speed – slow down when you see animal  warning signs
• Stay alert – animals are unpredictable, so expect the unexpected
• Brake safely – always apply your brakes in a controlled manner
• Never swerve – it is safer to hit an animal than swerve and lose control of your vehicle
• Report injured wildlife – call WIRES on
  1300 094 737

If drivers come across a horse being ridden on the road, they should:

• Slow down and allow plenty of room
• Never sound the horn, rev the engine or pass at high speed
• Slow down or stop if the rider is having difficulty.

https://roadsafety.transport.nsw.gov.au/index.html

NSW Street Racing and Other Offences

Tough measures are in place to combat anti-social ‘car hoon’ behaviour. The laws make it clear for irresponsible drivers treating NSW roads as their own personal race track that this is selfish and dangerous behaviour, and will not be tolerated.

The information on this page is a plain English guide only and is subject to change at any time without notice.
Reference should be made to the latest provisions in the law for detailed information on specific offences and penalties.

Vehicle Sanctions Scheme

Introduced on 1 July 2012, the Vehicle Sanctions Scheme allows police to apply roadside sanctions where the following offences are detected:

• Street racing
• Aggravated burnout
• Engaging in a police pursuit
• Speeding by more than 45km/h.

From Monday 3 December 2018, the Vehicle Sanctions Scheme will also apply to repeat, high risk drink drivers.

Number plate confiscation

Where a driver commits one of the offences above and is the registered operator of the offending vehicle, police may confiscate the number plates at the roadside as an alternative to the long-standing practice of impounding the vehicle. Vehicle impoundment or plate confiscation will be for a fixed three-month period. A person may apply to the local court for an order for the early release of confiscated plates or an impounded vehicle.

There are also tough penalties for people who use a vehicle that has had its number plates confiscated. This includes driving a vehicle with no plates or false plates. Heavy penalties also apply to altering, tampering with or replicating a production notice sticker attached to a vehicle by police when number plates are removed.

Court imposed penalties

The maximum penalties for a person who is convicted of vehicle or plate confiscation offences are as follows:

• A person convicted of an offence of operating a motor vehicle on a road during a plate confiscation period faces a maximum court imposed fine of $3,300 and vehicle forfeiture
• A person convicted of an offence or removing, tampering with or modifying a number plate confiscation notice faces a maximum court imposed fine of $3,300 and vehicle forfeiture

Further offences relating to vehicle and number plate confiscation are prescribed under section 244 of the Road Transport Act 2013.

The maximum penalty for a person who is convicted of a street racing or ‘hoon’ offence is as follows:

• The maximum court imposed fine for an aggravated burnout offence is $3,300 for a first offence and $3,300 and/or 9 months imprisonment for a second or subsequent offence. A 12-month automatic period of disqualification also applies following conviction for the offence
• The maximum court imposed fine for a street racing offence is $3,300 for a first offence and $3,300 and/or 9 months imprisonment for a second or subsequent offence. A 12-month automatic period of disqualification applies to those convicted of this offence
• The maximum court imposed fine for an offence of speeding by more than 45km/h is $2,530 for the driver of a light vehicle and $3,740 for the driver of a heavy vehicle. A six-month automatic period of disqualification applies to those convicted of the offence
• The maximum penalty for a police pursuit offence is 3 years imprisonment and a 3-year automatic period of disqualification for a first offence, and 5 years imprisonment and a 5-year automatic period of disqualification for a second or subsequent offence.

Street racing and burnout offences are prescribed under sections 115 and 116 of the Road Transport Act 2013. Police pursuit offences are prescribed under section 51 of the Crimes Act 1900, and speeding by more than 45km/h in Rule 20 of the Road Rules 2014.

Immediate licence suspension

Police can also immediately suspend a driver’s licence at the roadside following a person being charged with a street racing or aggravated burnout offence. The suspension will remain in place until the charge is determined by a court.

The aggravated burnout offence can apply to persons other than the driver. For example, a hoon driver’s mate who willingly participates in, urges others to participate in, photographs or films to promote or organise hoon activity can also be charged with the offence and faces the same penalties.

Motor vehicle sanctions

NSW Police have the power to confiscate the car of a driver who commits a street racing or aggravated burnout offence, engages in a police pursuit or speeds by more than 45km/h. Police also have additional options to confiscate a vehicle’s number plates, or give the driver or registered operator of the vehicle a notice requiring that the vehicle be produced at a specified place within 10 days. If the vehicle is not produced a court imposed penalty of $3,300 can apply and Roads and Maritime Services can suspend the vehicle’s registration for 3 months.

Where the driver is also the registered operator of the vehicle

In cases where the driver is the registered operator, the vehicle may be impounded or the plates confiscated for a period of 3 months for a first offence. For a second or subsequent offence, the vehicle may be forfeited to the Crown and may be sold or released to Roads and Maritime for crash testing.

Where the driver is not the registered operator of the vehicle

In cases where the driver is not the registered operator, Roads and Maritime may issue a suspension warning notice to the registered operator warning that if the same vehicle is used in a second offence, the registration of the vehicle may be suspended for 3 months.

If a second or subsequent offence is committed, the registration of the vehicle may be suspended for 3 months.

Note: It is not intended that vehicle owners be penalised for the driving offence committed, but rather for failing to adequately supervise use of their vehicle on repeated occasions.

Crash testing by Roads and Maritime

Laws provide that the cars of repeat offenders may be forfeited to the Crown. Usually, those vehicles are sold and the money used to recover storage and collection costs. The laws also allow certain forfeited vehicles to be released to Roads and Maritime for crash testing.

Roads and Maritime will use the unique tests to investigate the potential effects of certain modifications on overall crashworthiness and the wrecks of these vehicles will be displayed at education days for young drivers, or at other Roads and Maritime presentations.Share this page: 

NSW Professional Drivers

Eligible professional drivers have an increased demerit points limit of 14 points.

The information on this page is a plain English guide only and is subject to change at any time without notice.
Reference should be made to the latest provisions in the law for detailed information on specific offences and penalties.

Generally, unrestricted licence holders who reach or go over 13 demerit points are sent a Notice of Suspension, or are refused a licence if they apply for one.

Professional drivers however, have a demerit points threshold of 14 points, provided they meet the criteria.

If you can demonstrate you meet the professional driver requirements, any suspension (or refusal) applied based on 13 demerit points exactly will be withdrawn.

If you later reach or go over 14 demerit points however, you will be suspended or refused as for other unrestricted licence holders.

Professional driver status was introduced on 31 January 2011. If you are subject to a suspension or refusal period issued before 31 January 2011, you are not eligible to apply for professional driver status.

Who is eligible?

You are eligible for the increased demerit points limit if you hold an an unrestricted licence and you are a:

• Motor vehicle driver who transports goods either inter and/or intra-state, or
• Bus, taxi or hire car driver who holds an authority issued under the Passenger Transport Act 1990.

The following conditions apply:

• You must earn an income for the driving work and drive more than 20 hours per week. Volunteer drivers do not qualify
• You must have been a professional driver on the date of your last demerit point offence and on the date the notice of suspension was given (or the date you were refused a licence).

People who are not professional drivers

You do not qualify as a professional driver if:

• Driving a motor vehicle is incidental to your primary work such as a tradesperson, vehicle repairer, salesperson, carer, tow truck operator, food vendor etc
• Your primary work is driving an implement (grader, road roller, bulldozer etc)
• You have not held a licence for more than 6 months because it expired or was disqualified, and you are now applying for a licence
• Your primary work is personally driving a motor vehicle but the driving is not for the purpose of transporting goods
• Your primary work is personally driving a motor vehicle to transport people but the driving is not for the purpose of transport under the Passenger Transport Act 1990
• Your driving is only to transport yourself to your place of work or education.

Interstate licence holders are not eligible to apply for professional driver status.

Applying for professional driver status

If you qualify for professional driver status, you can make an application.

Your application will be considered if you:

• Have been issued a notice of suspension which has not yet started, or
• You have been refused a licence renewal and you have held an unrestricted NSW driver licence within the past 6 months, and
• In either case, you have accumulated exactly 13 demerit points.

An application for a professional driver status will not be considered if you have 14 or more demerit points.

You do not need to have been a professional driver for the whole period during which you accrued the demerit points, however you must have been a professional driver at the date of the last offence, which caused you to reach 13 demerit points, and also at the date the Notice of Suspension was issued or your licence renewal was refused.

Submitting your application

If you have received a notice of licence suspension in the mail, you need to visit a registry or service centre before the suspension period begins.

You will need to:

• Bring your notice of suspension with you
• Meet all the requirements for a professional driver
• Complete the Professional Driver Declaration form available from the registry or service centre
• If you are a bus, taxi or hire car driver, you will need to provide your current Driver Authority.

If you have been refused a licence renewal because you have reached exactly 13 demerit points, to apply for professional driver status your driver licence must also not have been disqualified or expired for more than 6 months.

Information required on the Professional Driver Declaration form

When completing the Professional Driver Declaration form, you will need to include:

• The company/business name of your employer (includes self employed)
• If you are a taxi driver, the name of the taxi operator(s) and taxi network(s)
• The title of the job you are employed to do (eg truck driver or bus driver)
• The number of hours per week you are paid to perform this driving work
• Confirmation that you were a professional driver at the date of your last demerit point offence and at the date you were issued a notice of suspension or the date your licence renewal was refused
• Your contact telephone number
• If you are a bus, taxi or hire car driver, the number and expiry date of your Driver Authority issued under the Passenger Transport Act 1990.

Verification of your application

Roads and Maritime may check the information you provide on your declaration. This means that your employer can be contacted about what you are employed to do, the hours you work and to verify that you are paid for that work. We can also verify that the Driver Authority issued to bus, taxi or hire car drivers is valid and current.

Important: Providing false information is a criminal offence. If the information you provide is found to be false, we may request the Police to prosecute. Heavy penalties, including a term of imprisonment, may be imposed by a court on conviction for the offence. We can also suspend your licence.

If your application is successful

If your application for professional driver status is successful:

• If a Notice of Suspension was issued, it will be withdrawn and your licence will not be suspended
• If your application for a licence renewal was refused, the refusal will be withdrawn and your licence will be renewed
• The 13 demerit points you have accrued, and all the related offences, will remain on your driving record.

Important: If you accrue more demerit points, you will be issued with a new Notice of Suspension, or a new refusal period will be applied.

Further applications

If you are issued with a new Notice of Suspension or are refused a licence in future, you must submit a new application for professional driver status, as your employment as a professional driver may have ended since your last application.

If your application is unsuccessful

If Roads and Maritime determines that you do not meet the eligibility criteria for a professional driver, you will be subject to suspension or refusal as for other unrestricted licence holders.

Provided you apply before the suspension begins, you have the option to apply for a Good Behaviour Period. If you elect to be of good behaviour, you cannot apply for professional driver status in the event that you commit further demerit point offences and are being suspended as a result.

Excessive speeding and court disqualifications for serious offences

The professional driver option is part of the demerit points scheme, and so is not available if you have been suspended for an excessive speeding offence.

You are also not eligible if you have been disqualified by a court for a serious offence such as drink driving.Share this page: 

NSW How Demerit Points Work

If you haven’t committed any offences, you have zero demerit points. If you commit an offence that carries demerit points, the points are added to your driving record.

The information on this page is a plain English guide only and is subject to change at any time without notice.
Reference should be made to the latest provisions in the law for detailed information on specific offences and penalties.

Licence suspension or refusal

Different licence types have different limits for demerit points. If you commit enough demerit point offences within a 3 year period that you reach or go over the limit for your licence type, your licence will be suspended, or we will refuse to renew it. If this happens, we will send you a Notice of Suspension or Refusal.

The 3 year period is calculated between the dates the offences were committed. It ends on the day your most recent offence was committed.

Your licence may also be suspended if you commit an excessive speed offence.

A Notice of Suspension or Refusal specifies the date the licence suspension or refusal begins. The imposition of a licence suspension or refusal period relies on Roads and Maritime serving a Notice.

Demerit point limits

The limits are:

• Unrestricted licence: 13 points
• Professional drivers: 14 points. See Professional drivers for more information
• Provisional P2 licence: 7 points
• Provisional P1 licence: 4 points
• Learner licence: 4 points
• Unrestricted licence with a good behaviour period: 2 points within the term of the good behaviour period.

Suspension periods

For unrestricted licence holders, the period of suspension depends on the number of points you accumulate:

• 13 to 15 points: 3 month suspension
• 16 to 19 points: 4 month suspension
• 20 or more points: 5 month suspension

For learner, P1 and P2 licence holders, the suspension period is 3 months.

Refusal of a licence

Roads and Maritime may refuse to renew your licence if you have exceeded your demerit point threshold, or you have committed a serious speeding offence. The period a licence may be refused is the same as that applying to a licence suspension. Roads and Maritime will issue you with a Notice of Refusal in this situation.

Formal refusal is only applied and a refusal notice given when you attend a registry or service centre and apply for a licence or licence renewal.

Penalties for repeatedly exceeding demerit point limit

From 1 February 2015, increased penalties apply to drivers who repeatedly exceed their demerit point limit.

Unrestricted licence holders

Unrestricted licence holders who exceed their demerit points twice within 5 years must complete the following before they are licensed to drive again:

• Pass the Driver Knowledge Test
• Complete a driver education course such as the Traffic Offender Intervention Program, at the offender’s cost. The driver education course must be delivered by one of the approved providers in NSW:
  • PCYC
  • Road Sense
  • SAVE Traffic Offender Intervention Program
  • Blacktown Traffic Offender Program
  • Smart Driver Program
  • TORP – Traffic Offenders Rehabilitation Program
  • ASPIRE Traffic Offender Course

Provisional P2 licence holders

From 20 November 2017 changes to the Graduated Licence Scheme mean that Provisional P2 drivers who receive a suspension for unsafe driving behaviour must stay on their P2 licence for an extra 6 months.

This applies to every suspension they receive. For example, if a P2 licence holder receives a demerit point suspension, they will be on their P2 licence for the normal 24 months and an extra 6 months, before being able to apply for an unrestricted licence.

Each separate suspension delays a P2 licence holder an extra 6 months from progressing to an unrestricted licence.

Repeated drink driving offences

Drivers convicted of 2 drink driving offences in a 5 year period must pass the Driver Knowledge Test before they are again licensed to drive.Share this page: